"The new procedure allows patent owners to file a 30-page paper arguing against the existence of a substantial new question of patentability before the USPTO decides whether to order ex parte reexamination."
"This procedure gives patent owners a 30-day window after service of the reexamination request to submit their arguments, with no petition or fee required."
"The increase in ex parte reexamination requests is a direct consequence of Director Squires' restriction of inter partes review, driving challengers toward ex parte reexamination as an alternative path."
"The pre-order paper lets patent owners frame the SNQ issue at the threshold, which is far less costly than defending through a full reexamination."
On April 1, 2026, a new procedure was established allowing patent owners to file a 30-page argument against substantial new questions of patentability before the USPTO. This procedure, effective from April 5, 2026, provides a 30-day window for patent owners to submit their arguments without a petition or fee. The change responds to an increase in ex parte reexamination requests, driven by restrictions on inter partes review. The new process allows patent owners to address issues early, potentially reducing costs associated with full reexamination.
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